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RAJNISH BHATNAGAR
Rahul – Appellant
Versus
State NCT of Delhi – Respondent
ORDER
Rajnish Bhatnagar, J. This is a petition filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in case FIR No. 212/2022 under Sections 354/354A/509/341 IPC and Sections 8/12 of POCSO Act registered at Police Station Tigri.
2. In brief the facts of the case are that on 09.05.2022, the victim was returning from her school and at about 12.40 P.M when she reached near the temple which was built close to her house, the accused Rahul @ Paltan (Petitioner herein) grabbed her hand from behind and started molesting her. When the victim raised hue and cry, the petitioner started abusing her and ran away from the spot. Subsequently, FIR No. 212/2022 under Sections 354/354A/509/341 IPC and Sections 8/12 of POCSO Act was registered at Police Station Tigri.
3. I have heard the learned counsel for the petitioner, learned APP for the State and perused the status reports filed by the State.
4. It is submitted by the learned counsel for the petitioner that the petitioner has been falsely implicated in this case and is in judicial custody since 11.05.2022. He further submitted that the allegations stated in the F.I.R against the petitioner are inconsistent, false and frivolou
The seriousness of the allegations and the pending testimony of the victim's parents were key factors in denying the bail application.
The seriousness of the allegations, cooperation in the investigation, and verification of the victim's age are crucial factors in considering anticipatory bail applications.
The court granted bail considering prolonged custody, the completion of witness examination, and the absence of necessity for further detention despite the severity of allegations.
The court considered the period of incarceration, completion of witness examination, and the lack of fruitful purpose in keeping the petitioner detained in prison as key factors in allowing the bail ....
Serious allegations, minority of the victim, and familial relationship with the accused are relevant factors in deciding bail applications in cases involving sexual assault on minors.
The seriousness of allegations and threats to the victim's safety are paramount in bail considerations, justifying denial when the applicant's personal circumstances do not outweigh these factors.
POCSO Act - Grant of Bail - Improvement in the testimony of the victim.
Accused may be granted bail when there are significant delays in trial, provided there is no risk of evidence tampering, despite serious accusations and improvements in witness testimony.
Bail applications under serious charges involving minors require strong grounds for grant, especially when testimony is ongoing and credibility is in question.
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